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LIBRARY 

UNIYIW81TV  Of  ItUNOiS 

UBBAHA 


THE  REPORT 

OF 

J.  W.  ALLEN,  ESQ., 

CIVIL  ENGINEER, 

UPON  THE  PRACTICABILITY  OF  EXTENDING  THE 

MORRIS  AND  ESSEX  LINE  OF  RAIL  ROAD, 

(via  DELAWARE,  LEHIGH  AND  WYOMING  VALLEY  RAIL  ROAD,) 
FROM  THE  DELAWARE  WATER  GAP  TO 

WILKESBARRE,  PA., 

AND  ULTIMATELY  TO  ERIE,  PA., 

(VIA  SUNBURY  AND  ERIE  RAIL  ROAD — BEING  THE  SHORTEST  ROUTE  FROM 

* 

NEW- YORK  WEST,  BY  SEVENTY  MILES,) 

INCLUDING 

THE  REPORT  UPON  COAL  LANDS, 

BY 

WM.  F.  ROBERTS,  ESQ., 

PRACTICAL  GEOLOGIST  AND  ENGINEER  OF  MINES, 
TOGETHER  WITH 

REMARKS  UPON  THE  EXTENSIVE  TIMBER  DISTRICT 
(UPON  THE  LINE  OF  ROAD)  WELL  KNOWN 
AS  THE  BEECH  WOODS. 


PRINTED  FOR  PRIVATE  CIRCULATION  ONLY. 


NE  W-YORK: 

SNOWDEN,  PRINTER,  70  WALL  STREET,  (4th  STORY.) 

1 8 5 3. 


Digitized  by  the  Internet  Archive’ 
in  2017  with  funding.from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/reportofjwalleneOOalle 


/4*  Ac  4^  V 


385.? 

f{3s3/o 


* 

This  pamphlet  has  been  carefully  prepared  in  pursuance  of  a res- 
olution passed  at  a meeting  of  a joint  board  of  the  Directors  of  the 
New  Jersey  and  Morris  & Essex  Railroad  Companies,  held  at  the 
office  of  the  New  Jersey  Railroad  Company,  No.  57  Merchants’  Ex- 
change, on  Friday,  the  7th  January,  1853,  and  a few  copies  ordered 
printed  for  private  circulation. 

It  is  proper  here  to  observe,  that  in  the  proceedings  had  in  the 
year  1850,  it  will  be  seen  that  it  was  purposed  to  connect  with  Elmira, 
N.  Y.,  but  it  will  require  only  a single  glance  at  the  map  ac- 
companying this,  to  perceive  the  great  importance  of  subsequently 
forming  a connection  with  the  Sunbury  & Erie  Railroad,  at  Wil- 
liamsport, which  is  70  miles  west  of  Wilkesbarre,  our  present  ter- 
minus. When  such  extension  is  made,  passengers  from  Erie,  Penn., 
can  reach  this  city,  via  Sunbury  & Erie,  Williamsport  & Wilkes- 
barre,  Delaware,  Lehigh  & Wyoming  Valley,  and  the  Morris  & 
Essex  railroads,  nearly  70  miles  shorter  than  the  New  York  & Erie 
Railroad,  and  18  miles  shorter  than  any  other  route  now  made  or 
contemplated,  with  this  advantage  to  the  city  of  New  York,  of  pass- 
ing through  the  great  Coal  Vallies  of  Wyoming  and  Lycoming, 
containing  the  best  Anthracite  and  Semi-Bituminous  coal  in  the 
world. 

I , 

In  conclusion  it  is  but  proper  to  state  that  an  offer  has  been  made 
by  a well-known  responsible  and  enterprising  individual  of  this  city, 
“That  if  500,000  dollars  of  the -stock  in  the  Delaware,  Lehigh  & 
Wyoming  Valley  Railroad  is  subscribed,  he  will  guarantee  the  speedy 
completion  of  this  road,”  which  once  accomplished,  there  is  no  good 
reason  to  doubt  that  the  extension  west  of  Wilkesbarre  will  soon  be 
ready  for  the  locomotive  from  Jersey  City  to  Erie,  Pennsylvania. 


• • - ' • ••  ' 1 • : 4 

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Wyoming  Valley.  Penn* 


New  York,  January  7th,  1853. 


To 

Stephen  Whitney, 

Hon.  J.  Phillips  Ph(enix, 

0.  B.  Conant, 

Lyman  Denison, 

Amos  R.  Eno, 

Henry  R.  Remsen, 

New  York. 

Gouverneur  Morris, 

Morrisania. 

Hon.  D.  S.  Gregory, 

Jersey  City. 

Adam  Lee, 

Rahway,  N.  J. 

John  Acken, 

New  Brunswick,  N.  J. 

Wm.  Coxe  Dusenbery, 

North  Orange,  N.  J. 

Wm.  Redmond, 

South  Orange,  N.  J. 


F.  S.  Lathrop, 

Madison,  N.  J, 

John  P.  Jackson, 

Joel  W.  Condit, 

Beach  Yanderpool, 

John  S.  Darcy, 

Hon.  Wm.  Wright, 

J.  C.  Garthwaite, 

Edwin  Van  Antwerp, 

Newark,  N.  J. 

W.  N.  Wood, 

Morristown,  N.  J. 

Edward  Lindsley, 

Beaumont. 

Jona.  J.  Slocum, 

W.  J.  Woodward, 

Geo.  P.  Steele, 

Chas.  Denison, 

H.  M.  Fuller, 

Wilkesbarre,  Pa. 


Gentlemen  : — Having  been  requested  by  you,  to  examine  the 
country,  between  the  Wyoming  Valley,  at  Wilkesbarre*  and  the 
Delaware  River,  at  the  Water  Gap,  with  a view  of  ascertaining  the 
feasibility  and  probable  expense  of  constructing  a Railroad  between 
these  points,  as  well  as  the  prospect  of  business  for  the  road  when 
built,  I have  the  honor  to  report  that  my  examination  has  resulted 
in  finding  a practical  line,  which  will  not  encounter  more  than  ordi- 
nary difficulties  incidental  to  mountainous  countiies. 

The  line  examined  commences  at  Wilkesbarre,  and  ascends  the 
slope  of  the  mountain,  passing  over  Laurel  Brook  to  Mill  Creek, 
and  ascends  through  the  valleys  of  Mill  and  Panther  Creeks,  to  the 
summit  near  Panther  Mountain,  a distance  of  eighteen  miles,  with  a 
grade  not  exceeding  sixty  feet  to  the  mile. 

From  this  point,  to  the  top  of  Pocono  Mountain,  crossing  the 
Lehigh  Valley,  a distance  of  seventeen  miles,  I think,  a line  can  be 
obtained  with  level  and  light  descending  grades. 

* The  North  Branch  Canal,  connecting  with  the  New  York  Public  Works 
and  extending  to  the  Chesapeake  Bay,  passes  through  Wilkesbarre. 


G 


A line  was  recently  run  from  the  top  of  Pocono  Mountain  to  the 
Water  Gap,  twenty-three  miles,  by  Mr.  Foster,  who  reports  that  a 
good  line  can  be  had,  with  a grade  descending  seventy-five  feet  to 
the  mile,  for  nine  miles,  (with  a probability  of  reducing  it  to  sixty,) 
and  the  remaining  fourteen  miles  easy  descending  grades.  • I fully 
concur  with  Mr.  Foster.  The  whole  length  of  the  line  will  be  about 
fifty-six  miles.  A first-class  railroad  can  be  built  and  equipped  on 
the  line  described  for  two  and  a quarter  millions  of  dollars. 

From  the  foregoing  description  of  the  line,  it  will  be  seen  that 
after  ascending  the  first  eighteen  miles  from  Wilkesbarre,  the  grades 
will  be  either  level  or  descending  to  the  Water  Gap,  and  in  the  di- 
rection of  the  heaviest  trade. 

The  limit  of  the  capacity  of  the  Road  after  reaching  the  summit 
would  oe  fixed  by  the  power  of  the  engine  to  haul  back  the  empty 
cars'.  We  may  set  down  the  load  for  a twenty  ton  engine  at  four 
hundred  tons,  and  should  the  Belvidere  & Delaware  Railroad  be  ex- 
tended to  connect  at  the  Water  Gap,  the  same  load  may  be  carried 
to  Bordentown  on  tide  water.  The  connection  with  this  road, 
would  form  a continuous  line  of  railroad  from  Wilkesbarre  to 
Philadelphia,  of  one  hundred  and  sixty  miles  in  length. 

The  Morris  and  Essex  Railroad  now  being  extended  to  the  Water 
Gap,  would  form  a continuous  line  with  the  proposed  road  from 
Wilkesbarre  to  New  York  of  one  hundred  and  forty  miles  in  length, 
with  the  highest  grades,  ascending  east,  (with  one  exception,)  of 
forty  feet  to  the  mile.*  Over  this  road  a twenty  ton  engine  would 
haul  two  hundred  tons,  and  coal  would  be  delivered  on  ship  board 
at  Jersey  city,  at  all  seasons,  by  the  same  car  upon  which  it  was 
loaded  at  the  mines,  in  twelve  hours,  instead  of 'fifteen  days,  the 
time  now  occupied  in  sending  it  by  way  of  the  Lehigh  or  Hudson 
and  Delaware  Canals,  which  are  closed  three  months  in  the  year. 

Although  the  proposed  railroad  will  carry  a large  amount  of  coal 
and  timber,  it  is  probable  a considerable  part  of  the  profits  will  arise 
from  passengers  and  merchandise,  as  well  as  lime,  from  the  counties 
of  Sussex  and  Warren,  in  New  Jersey,  for  building  and  agricultural 
purposes,  there  being  no  limestone  in  the  vicinity  of  Wilkesbarre. 


gee  correspondence  at  close  of  Report,  page  11. 


7 


Tlie  county  of  Luzerne  has  a population  of  sixty  thousand,  most 
of  which  is  within  a few  miles  of  Wilkesbarre. 

The  borough  of  Wilkesbarre  has  four  thousand  inhabitants. 
Kingston,  Wyoming,  Forty-fort,  Plymouth,  Frenchville,  Huntsville, 
Leahman’s  Corners,  Franklin-centre,  on  the  west  side  of  the  Susque- 
hanna— Nauticoke  and  Pittston,  on  the  east,  are  thriving  and  mostly 
manufacturing  villages  in  the  immediate  vicinity. 

There  are  now  running,  connecting  with  lines  to  Philadelphia  and 
New  York,  five  daily  stages,  carrying  on  an  average  fifty  passengers 
each  way.  As  the  railroad  would  furnish  the  shortest  route  to  both 
cities,  it  is  safe  to  calculate  by  the  new  and  more  ample  accommo- 
dation which  the  railroad  itself  would  furnish,  that  the  travel  would 
increase  at  once  to  one  hundred  each  way,  per  day. 

• 

Fifteen  miles  of  the  proposed  road  would  pass  through  one  of 
the  finest  timber  regions  within  the  same  distance  from  New  York. 
The  forest  there  contains  the  best  of  building  materials,  ship  spars, 
birds  eye  maple,  black  walnut,  &c.,  and  the  timber  trade  would  be 
an  important  item  in  the  revenues  of  the  Company. 

During  the  past  year  there  has  been  mined  and  sent  to  market 
from  the  neighborhood  of  Wilkesbarre,  including  the  Pennsylvania 
Coal  Mines  at  Pittston,  one  million  tons  of  coal — while  the  coal 
business,  froih  the  want  of  facility  of  transportation,  may  be  said  to 
be  scarcely  begun,  although  the  coal  of  the  Wyoming  Valley  is  ac- 
knowledged to  be  the  best  fuel  of  its  kind  brought  to  market,  and 
commands  the  highest  price. 

The  coal  appears  to  be  inexhaustable,  for  twelve  'miles  the  face  of 
the  mountain  is  one  continuous  bed.  The  strata  are  larger  and  can 
be  worked  with  greater  facility  than  any  other  in  this  country,  one 
vein  in  the  Baltimore  mine  near  Wilkesbarre  being  twenty-four  feet 
in  thickness  of  pure  coal. 

Within  the  last  four  years,  the  Pennsylvania  Coal  Company  have 
built  a Gravity  Railroad,  fifty  miles  in  length,  from  Pittston  to 
Hawley,  on  the  Delaware  & Hudson  Canal,  ten  miles  below  Ilones- 
dale,  and  during  the  last  year  have  sent  four  hundred  thousand  tons 
of  coal  to  market — they  bringing  none  but  their  own  coal — the  re- 


8 


suit  is,  that  all  others,  except  the  Wilkesbarre  Company,  who  send 
theirs  over  the  White  Haven  inclined  plane  road,  are  obliged  to  seek 
a market  at  the  mouth  of  the  Susquehanna  river. 

The  increase  in  consumption  of  Anthracite  coal,  from  the  year 
1820,  the  period  of  its  first  use,  to  1850,  inclusive,  stated  at  each 
successive  five  years,  to  show  the  progressive  increase,  will  appear  by 
the  following  statement : 

There  was  brought  to  market  in  1820,  - - - 365  tons. 


do 

do 

1825, 

- - 34,583 

u 

do 

do 

1830, 

- - 174,734 

u 

do 

do 

1835, 

- - 560,758 

u 

do 

do 

1840, 

- - 865,444 

u 

do 

do 

1845, 

- 2,023,052 

u 

do 

do 

1850, 

about  3,200,000 

u 

do 

do 

1852, 

“ 5,000,000 

u 

The  preceding  is  but  a faint  index  of  the  magnitude  to  which  the 
coal  interest  of  Pennsylvania  is  to  reach,  and  the  avenues  for  the 
transportation  of  the  coal  to  market  will  have  a corresponding  im- 
portance ; and  those  Railroads  which  have  this  resource  to  rely  upon, 
in  addition  to  other  trade  naturally  flowing  to  them,  by  the  growth 
of  the  country  and  an  increasing  travelling  population,  cannot  fail 
to  be  productive  to  their  owners. 

I 

The  cost  of  transporting  coal  on  the  Baltimore  & Ohio  Railroad, 
is  ascertained  to  be  seven-eighths  of  a cent  per  mile.  There  is  one 
grade  on  this  road  as  high  as  eighty  feet  to  the  mile,  and  a number 
reaching  above  fifty  feet.  It  will  be  safe  to  assume  this  as  the  cost 
of  transporting  coal  from  Wilkesbarre  to  Jersey  City,  over  roads  of 
lower  grades.  Then  the  cost  of  carrying  a ton  of  coal  over  the 
roads  w'ould  be  one  dollar  and  twenty-two  and  a half  cents. 
Coal  is  mined  and  delivered  in  the  cars  at  Wilkesbarre  for  one  dol- 
lar per  ton.  The  actual  cost  of  a ton  of  coal,  at  Jersey  City,  would 
be  two  dollars  twenty- two  and  half  cents,  so  that  coal,  sold  at  three 
dollars  and  eighty-seven  and  half  cents,  would  leave  a profit  to  the 
roads  of  one  dollar  and  sixty-five  cents  per  ton. 

It  is  ascertained,  from  practical  experience,  that  eighty  cents  per 
mile  will  cover  the  cost  of  running  a train  of  cars.  A twenty  ton 


9 


engine  will  draw  up  a sixty  foot  grade,  one  hundred  and  thirty-three 
tons.  To  make  up  a train  of  four  hundred  tons  at  the  summit,  the 
engine  would  have  to  travel. over  the  road  six  times — one  hundred 
and  eight  miles ; from  the  summit  to  the  Water  Gap,  twice  over 
the  road — seventy-six  miles  ; making  the  whole  distance  travelled, 
in  transporting  four  hundred  tons  over  the  road,  one  hundred  and 
eighty-four  miles,  which  at  eighty  cents  per  mile  would  cost  one 
hundred  and  forty-seven  dollars  and  twenty  cents,  about  thirty- 
seven  cents  per  ton.  Now  suppose  five  trains  were  run  daily,  there 
would  be,  calculating  for  three  hundred  working  days  in  the  year,  six 
hundred  thousand  of  tons  carried  over  the  road,  at  a cost  of  two 
hundred  and  twenty-eight  thousand  dollars,  and  that  the  Company 
charge  two  cents  per  ton,  per  mile — that  is  one  dollar  and  twelve 
cents  per  ton — six  hundred  thousand  of  tons  will  amount  to  six 
hundred  and  seventy-two  thousand  dollars,  leaving  a profit  of  four 
hundred  and  forty  thousand  dollars,  or  nearly  twenty  per  cent, 
on  the  capital  required  ; and  this  too,  without  taking  into  consider- 
ation the  passengers  and  timber,  or  back  freight. 

It  is  shown  by  the  above  calculation  that  a ton  of  coal  can  be  de- 
livered at  a profit,  at  the  Delaware  Water  Gap,  eighty-four  miles 
from  New  York,  for  - - - - - - $2  12 

Coal  costs  at  Manch  Chunk  - - - - - 225 

“ “ “ Pottsville, 205 

From  the  Water  Gap  the  coal  can  be  taken  direct  to  New  York 
by  way  of  the  Morris  & Essex  Railroad,  or  by  the  Belvidere  & 
Delaware  Railroad,  fifty-two  miles,  to  the  head  of  the  Delaware  & 
Raritan  Canal  feeder,  where  it  can  be  shipped  into  sea  going  vessels 
carrying  two  hundred  tons. 

The  price  charged  for  transporting  a ton  of  coal  from  Pottsville 
to  New  York,  180  miles,  is  $2  40,  and  from  Mauch  Chunk,  140 
miles,  $2  30|. 

Considering  the  road  built,  to  Wilkesbarre,  a glance  at  the  accom- 
panying map  will  show  that  it  is  the  most  direct  route  to  the  great 
Lakes,  and  I am  assured  by  gentlemen  perfectly  acquainted  with  the 
country,  that  a good  locomotive  route  can  be  had  from  Wilkesbarre 
to  Williamsport,  by  way  of  Shick-Shiny,  Huntington,  and  Fishing 
Creeks,  and  that  the  distance  will  be  less  than  seventy  miles. 

2 


10 


From  Williamsport  to  Erie,  a railroad 

is  in  the  com-se  of  con- 

struction. 

The  city  of  Erie,  in  the  State  of  Pennsyl 

vania,  is  admitted  to  be 

one  of  the  best  harbors  on  the  Lakes.  It 

ig  a proper  point  to  base 

a calculation,  as  here  the  various  railroads  diverge. 

1st. — fhe  New  York  & Erie  Route  : 

From  Erie  to  State  line, 

19  miles. 

“ State  line  to  Dunkirk, 

28  “ 

“ Dunkirk  to  New  York, 

- 460  “ 

507  “ 

2d. — Buffalo  & Albany  Route  : 

From  Erie  to  State  line, 

1 9 miles. 

“ State  line  to  Buffalo, 

69  “ 

“ Buffalo  to  Albany,  - . 

328  “ 

u Albany  to  New  York, 

144  “ 

560  “ 

3d. — By  way  of  Easton  <&  N.  J.  Central  Railroad : 

From  Erie  to  Williamsport, 

240  miles. 

“ Williamsport  to  Tamaqua, 

90  “ 

“ Tamaqua  to  Easton,  - 

60  “ 

“ Easton  to  Elizabethport,  - 

64  “ 

“ Elizabethport  to  New  York, 

14  “ 

468  “ 

4th. — By  way  of  Wilkesbarre  : 

From  Erie  to  Williamsport, 

240  miles. 

“ Williamsport  to  Wilkesbarre, 

o 

“ Wilkesbarre  to  Water  Gap, 

56  “ 

“ Water  Gap  to  New  York, 

84  “ 

450  “ 

It  will  be  seen  that  the  proposed  route  will  he  eighteen  miles 
shorter  than  by  way  of  the  third  route ; one  hundred  and  ten 
shorter  than  the  second ; and  fifty-seven  shorter  than  the  first. 

At  Williamsport  the  road  would  connect  with  a railroad  extending 
to  Elmira,  and  thence  to  Niagara,  with  a branch  to  Sodus  Bay  and 
Oswego. 


11 


The  importance  of  the  work  may  be  brought  before  the  public  in 
two  distinct  aspects ; one  with  a view  to  the  great  enhancement  in 
the  real  estate  in  Wilkesbarre,  and  along  the  line  of  the  road,  which 
I believe  would  exceed  materially  the  whole  cost  of  the  work;  and  the 
other  regarding  it  merely  as  an  investment  for  capitalists.  Either,  in 
my  judgment,  is  sufficient  to  justify  the  immediate  construction  of  the 
road. 

* 

The  enterprise  is  now  submitted  to  your  consideration,  as  entirely 
feasible,  and  one  that  is  fully  believed  will  afford  a lgige  return  for 
the  capital  required  for  its  construction.  , 

Respectfully,  &c., 

J.  W.  ALLEN, 

Civil  Engineer. 


New  York,  February  1,  1853. 


J.  B.  Bassinger,  Esq., 

Engineer  of  Morris  d Essex  Railroad , N.  J. 

My  Dear  Sir : — Having  heard  from  a reliable  source  that  certain 
persons  are  doing  all  they  can  to  create  an  impression  that  the 
grades  upon  your  road  are  so  heavy,  as  to  effectually  prevent  it  ever 
being  used  for  the  transportation  of  coal  from  the  mines  near  Wilkes- 
barre, Pa.,  to  this  city,  you  will  very  much  oblige  me,  and 
confer  a favor  upon  the  many  friends  of  the  enterprise  in  which  I 
am  now  engaged,  (the  constructing  of  the  Delaware,  Lehigh  & Wyo- 
ming Valley  Railroad,)  by  giving  the  facts  respecting  the  grades 
upon  your  road,  and  whatever  improvements  are  contemplated  by 
your  Company,  with  permission  to  insert  the  same  in  the  pamphlet 
now  preparing  for  private  circulation. 

Faithfully  your  friend, 

WM.  COXE  DUSENBERY. 


12 


Engineer’s  Office,  M.  <k  E.  R.  R.  Co., 
Dover,  February  2,  1853. 

Wm.  Coxe  Dusenbery,  Esq., 

My  Dear  Sir : — Yours  of  the  1st  inst.,  asking  for  facts  in  regard 
to  the  present  grades  of  the  Morris  & Essex  Railroad , and  what 
improvements  are  contemplated  by  the  Company,  is  received. 

I am  well  aware  that  very  much  has  been  said,  and  great  efforts 
made  to  cripple  the  operations  of  this  Company  in  the  extension  of 
their  Road,  creating  the  impression  that  the  grades  were  such  as  to 
effectually  prevent  the  transportation  of  coal  from  the  mines  in  Penn- 
sylvania, to  the  city  of  New  York.  The  reason  for  all  this  you  prob- 
ably well  understand.  From  Morristown  to  the  Water  Gap,  we  have 
no  grade  that  exceeds  50  feet  per  mile,  and  nearly  all  of  this  is  on  an 
ascending  grade  going  west,  leaving  but  very  little  elevation  to  over- 
come in  approaching  the  city  of  New  York  that  will  exceed  40  feet 
per  mile,  and  what  there  is  that  exceeds  this,  the  line  and  grade  is  so 
formed  that  it  can  be  reduced  without  serious  difficulty,  as  soon  as 
the  business  of  the  Road  requires  it.  Very  great  care  has  been  ob- 
served so  as  to  avoid  sharp  curves,  and  I can  now  safely  inform  you 
that  the  hardest  curve  on  the  extension  of  this  Road  to  the  Water 
Gap,  is  within  a fraction  of  2,000  feet  radius. 

What  grades  there  are  at  present  east  of  Morristown  that  exceed 
those  of  the  extension  west  of  that  place,  the  Company  intend  to 
reduce,  and  to  improve  their  Road  otherwise,  as  soon  as  this  is  re- 
quired by  an  increase  of  business — all  of  which  can  very  easily  be 
done,  and  doubtless  will  be,  as  soon  as  the  coal  mines  near  Wilkes- 
barre,  Pa.,  are  reached,  presenting  a line  of  Road  with  no  ascending 
grade,  going  east,  that  will  exceed  40  feet,  and  none,  going  west, 
of  more  than  50  feet  per  mile. 

From  these  statements  you  will  be  able  to  draw  your  own  conclu- 
sions, and  will  doubtless  readily  see  the  advantages  of  this  Road  one 
day  or  other,  in  reaching  the  coal  regions  from  the  city  of  New 
York. 

You  are  too  well  acquainted  already  with  the  distances  and  other 
particulars  in  favor  of  this  route,  to  say  more  at  present. 

Very  respectfully, 

Your  ob’t  servant, 

J.  B.  BASSINGER, 
Engineer  of  Morris  & Essex  Railroad. 


DELAWARE,  LEHIGH 

AND 

WYOMING  VALLEY  RAILROAD. 


AN  ACT 

TO  INCORPORATE  THE  DELAWARE,  LEHIGH  AND  WYOMING 
VALLEY  RAILROAD  COMPANY. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  Commonwealth  of  Pennsylvania,  in  General  As- 
sembly met,  and  it  is  hereby  enacted  by  the  authority  of  the  same, 
That  George  M.  Hollenback,  George  P.  Steele,  Thomas  W.  Miner, 
Alexander  H.  Bowman,  Hendrick  B.  Wright,  Anthony  H.  Emely, 
Ziba  Bennett,  Warren  J.  Woodward,  Jonathan  J.  Slocum,  Samuel 
P.  Codings,  Edward  Lindsley,  Isaac  Lewis,  Samuel  G.  Turner,  Styles 
Williams  and  Frederick  Nagle,  of  the  County  of  Luzerne,  and  Milo 
M.  Dimock,  James  H.  Walton  and  William  Davis,  of  the  County 
of  Monroe,  or  any  five  of  them,  be  and  they  are  hereby  appointed 
Commissioners  to  open  books,  receive  subscriptions  of  Stock,  and 
organize  a Company  by  the  name,  style  and  title  of  “ The  Dela- 
ware, Lehigh  and  Wyoming  Valley  Railroad  Company,”  with 
all  the  powers,  and  subject  to  all  the  duties  and  restrictions  pre- 
scribed by  an  Act  of  Assembly  of  this  Commonwealth,  entitled  “ An 
Act  regulating  Railroad  Companies,”  approved  the  nineteenth  day 
of  February,  one  thousand  eight  hundred  and  forty-nine.* 

Section  2.  That  the  Capital  Stock  of  said  Company  shall  con- 
sist of  fifty  thousand  shares  of  fifty  dollars  each. 

Section  3.  That  the  said  Company  shall  have  the  right  to  build 
and  construct  a Railroad  from  a point  on  the  Delaware  River,  in  the 


* See  Act  No.  76,  Page  17. 


14 


said  County  of  Monroe,  at  or  near  the  Delaware  Water  Gap,  to  the 
Borough  of  Wilkesbarre,  in  the  said  County  of  Luzerne,  with  a 
single  or  double  track,  and  of  any  guage  and  width  that  shall  be 
deemed  advisable  by  the  President  and  Directors  of  said  Company, 
by  such  route  and  grades  as  will,  in  the  opinion  of  the  said  Presi- 
dent and  Directors,  most  conduce  to  the  public  interest,  and  to  con- 
nect with  any  Railroad  or  public  improvement  now  constructed,  or 
which  may  hereafter  be  constructed,  at  either  end  or  at  any  interme- 
diate point  on  the  line  or  route  thereof,  with  the  power  also  to  ex- 
tend a branch  or  lateral  Railroad,  or  Railroads,  to  any  point  in  said 
County  of  Luzerne  deemed  useful  and  expedient  by  said  President 
and  Directors,  not  exceeding  ten  miles  in  length  in  any  case. 

Section  4.  That  whenever  any  section  or  sections  of  five  miles 
of  said  Railroads  shall  be  completed,  the  said  Company  may  use, 
occupy  and  enjoy  the  same  as  fully,  and  in  the  same  manner,  as  if 
the  same  were  finished  throughout  its  entire  length. 

Section  5.  That  whenever  the  parties  cannot  agree  upon  the 
damages  claimed,  either  for  land  or  materials  taken  by  said  Com- 
pany in  the  prosecution  of  their  work,  the  said  Company  may  ten- 
der a Bond,  and  proceed  in  all  respects  as  is  provided  and  specified  in 
the  second  section  of  an  Act  entitled  “ A Supplement  to  the  Act  in- 
corporating the  Pennsylvania  Coal  Company,”  approved  the  seventh 
day  of  March,  one  thousand  eight  hundred  and  forty-nine.* 

Section  6.  That,  with  the  concurrence  of  the  Legislature  of 
New  Jersey,  the  said  Company  shall  have  the  right  to  construct  a 
Railroad  Bridge  over  the  River  Delaware,  at  or  near  the  said  Dela- 
ware Water  Gap,  if  deenjed  advisable  by  said  President  and  Di- 
rectors, in  order  to  connect  with  any  Railroad  or  Railroads  leading 
from  that  point  on  the  New  Jersey  side  of  said  river,  to  Philadel- 
phia or  elsewhere. 

Section  7.  That  said  Company  shall  be,  and  they  are  hereby 
authorized  to  borrow  money  to  an  amount  not  exceeding  one  mil- 
lion of  dollars,  upon  bonds  to  be  issued  by  said  Company,  secured 
by  mortgage  upon  so  much  of  the  corporate  property  as  shall  be 


See  Supplementary  Act,  Page  33. 


15 


deemed  adequate  for  the  purpose  of  such  security,  whenever  the 
said  President  and  Directors  shall  deem  the  issue  of  such  bonds  ex- 
pedient ; Provided,  however,  That  the  rate  of  interest  on  said  bonds 
shall  not  exceed  the  rate  of  seven  per  centum  per  annum,  and  that 
said  bonds  shall  be  convertible  into  the  stock  of  the  said  Company, 
at  the  option  of  the  holder  or  holders  of  said  bonds  : And  provided, 
also,  That  the  whole  amount  of  stock  subscribed,  and  of  bonds  is- 
sued, shall  not  exceed  the  sum  of  two  millions,  five  hundred  thou- 
sand dollars,  and  that  no  bond  be  issued  for  a sum  less  than  one 
hundred  dollars. 

Section  8.  That  the  President,  Directors  and  Company  of  the 
Delaware,  Lehigh  and  Wyoming  Valley  Railroad  Company,  be  and 
they  are  hereby  authorized  to  pay  to  the  Stockholders  entitled  to 
receive  the  same,  in  the  months  of  January  and  July  in  each  year, 
interest,  at  the  rate  of  six  per  centum  per  annum  on  all  instalments 
paid  by  them,  and  continue  to  pay  the  same  till  the  road  shall  be 
completed.  All  the  profits  or  earnings  of  the  said  Railroad  within 
the  same  time,  shall  be  credited  to  the  cost  of  construction,  and  all 
interest  paid  shall  be  charged  to  the  cost  of  construction.  Provided, 
that  interest  shall  not  be  paid  upon  any  share  of  stock  upon  which 
any  instalment,  which  has  been  called  for,  remains  unpaid.  Provi- 
ded further,  That  the  stock  of  said  Company,  shall  not  be  subject  to 
any  Tax  in  consequence  of  the  payment  of  the  interest  hereby  au- 
thorized, nor  until  the  net  earnings  of  the  Company  shall  realize  at 
least  six  per  centum  per  annum  upon  the  Capital  invested. 

Section  9.  That  said  Company  shall  afford  every  reasonable 
facility  and  convenience  for  a connection  with  the  Philadelphia, 
Easton  and  Water  Gap  Railroad  Company,  which  is  hereby  autho- 
rized to  be  made  by  the  Company  last  named,  in  such  manner  as 
shall  avoid  the  necessity  for  transhipment,  and  shall  so  regulate 
their  charges  for  motive  power  and  transportation,  that  they  shall  not 
in  any  case  discriminate  against  said  Philadelphia,  Easton  and  Wa- 
ter Gap  Railroad  Company,  nor  in  favor  of  any  other  Company  in 
this  or  in  any  other  State,  to  the  exclusion  or  injury  in  any  manner 
of  said  Philadelphia,  Easton  and  Water  Gap  Railroad  Company,  but 
said  charges  shall  be  so  regulated  and  made  between  the  said  Dela- 


16 


ware,  Lehigh  and  Wyoming  Railroad  Company  and  the  said  Phila- 
delphia, Easton  and  Water  Gap  Railroad  Company,  for  all  passengers 
and  freight  passing  from  one  road  to  the  other,  and  over  the  whole 
or  any  portion  of  said  respective  lines  of  Railroad,  that  a pro-rata  rate 
per  mile  on  passengers,  and  a pro-rata  rate  per  ton  per  mile  on 
freight,  shall  he  established  and  charged  by  each  Company  re- 
spectively. And  in  any  contract  or  agreement  which  may  be  made 
by  said  Delaware,  Lehigh  and  Wyoming  Railroad  Company  with 
any  other  Company,  the  said  Philadelphia,  Easton  and  Water  Gap 
Railroad  Company,  shall  have  the  same  privileges  and  advantages 
in  such  contract  or  agreement,  for  the  conveyance  of  passengers  or 
the  transportation  of  freight,  which  may  pass  over  or  be  destined  to 
pass  over  their  road,  or  any  portion  thereof,  as  may  in  any  case  be 
extended  to  or  be  enjoyed  by  any  other  Company  in  this  or  any 
other  State,  and  the  said  Philadelphia,  Easton  and  Water  Gap  Rail- 
road Company,  shall  in  like  manner  reciprocate  these  privileges  and 
advantages  with  the  Delaware,  Lehigh  and  Wyoming  Railroad 
Company. 

Section  10.  That  the  Commissioners  named  in  this  Act  are 
hereby  authorized  to  proceed  at  once  to  make  a survey,  and  estab- 
lish the  site  of  the  road  contemplated  by  this  Act. 

W.  P.  SCHELL, 

Speaker  of  the  House  of  Representatives. 

THO.  CARSON, 

Speaker  of  the  Senate , 

APPR  0 VED , the  fourteenth  day  of  March , Anno  Domini , one 
thousand  eight  hundred  and  fifty-three. 


WM.  BIGLER. 


lIBrfAKY 

UNSY«tfSmr  Of  ILUNOli 
URBANE 


KTo.  76. 


AN  ACT 

REGULATING  RAILROAD  COMPANIES. 


Section  1.  Be  it  enacted  by  tbe  Senate  and  House 
of  Representatives  of  the  Commontvealth  of  Pennsyl- 
nia,  in  General  Assembly  met,  and  it  is  hereby  enacted 
by  the  authority  of  the  same,  That  whenever  a special  Comml5Slontm 
Act  of  the  General  Assembly  shall  hereafter  be  passed, 
authorizing  the  incorporation  of  a company  for  the  con- 
struction of  a railroad  within  this  Commonwealth,  the 
commissioners  named  in  such  Act,  or  any  five  of  them, 
shall  have  power  to  open  * books  for  receiving  subscrip- 
tions to  the  capital  stock  of  such  company,  at  such  time  Subscriptions, 
or  times,  and  at  such  place  or  places  as  they  may  deem 
expedient,  after  having  given  at  least  twenty  days  notice 
in  one  or  more  newspapers  published  in  the  county 
where  books  of  subscription  are  to  be  opened ; and  at 
the  times  and  places  so  designated  and  named  in  the 
public  notices  to  be  given,  as  aforesaid,  the  said  commis- 
sioners, or  any  two  of  them,  shall  attend  and  furnish  to 
all  persons  duly  qualified,  who  shall  offer  to  subscribe, 
an  opportunity  of  so  doing;  and  it  shall  be  lawful  for 
all  such  persons,  and  for  all  firms  and  co-partnerships,  sab‘ 

by  themselves  or  by  persons  duly  authorized,  to  sub- 
scribe for  shares  in  said  stock  ; and  the  said  books  shall 
be  kept  open  at  least  six  hours  in  every  day,  for  the 
term  of  three  judicial  days,  or  until  there  , shall  have 
been  subscribed  the  whole  number  of  shares  authorized 
by  the  special  Act ; and  if,  at  the  expiration  of  three 

3 


18 


Proviso. 


Letters  Patent. 

Incorporate. 

Style. 

Privileges. 


days,  the  books  aforesaid  shall  not  have  the  number  of 
shares  therein  subscribed,  the  said  commissioners  may 
adjourn  from  time  to  time,  and  to  such  places  as  they 
may  deem  proper,  until  the  whole  number  of  shares 
authorized  as  aforesaid  shall  be  subscribed,  of  which  ad- 
journment the  commissioners  aforesaid  shall  give  such 
public  notice  as  the  occasion  may  require ; and  when 
the  whole  number  of  shares  shall  be  subscribed,  the 
books  shall  be  closed.  Provided,  always,  That  no  sub- 
scription for  such  stock  shall  be  valid,  unless  the  party  or 
parties  making  the  same,  shall,  at  the  time  of  subscribing, 
pay  to  the  said  commissioners  five  dollars  on  each  and 
every  share  subscribed,  for  the  use  of  the  company. 

Section  2.  That  when  ten  per  centum  on  the  capi- 
tal stock,  as  provided  by  any  special  Act  of  incorpora- 
tion, shall  have  been  subscribed  and  five  dollars  paid  0n 
each  and  every  share,  as  aforesaid,  the  said  commmis- 
sioners,  or  such  of  them  as  shall  have  acted,  shall  certify 
to  the  Governor,  under  their  hands  and  seals,  the  names 
of  the  subscribers  and  the  number  of  shares  subscribed 
by  each,  and  that  five  dollars  on  each  share  have  been 
paid,  whereupon  the  Governor  shall,  by  letters  patent, 
under  his  hand  and  the  seal  of  the  Commonwealth,  cre- 
ate and  constitute  the  subscribers,  and  if  the  subscrip- 
tion be  not  full  at  the  time  those  who  shall  thereafter 
subscribe  to  the  number  of  shares  aforesaid,  their  suc- 
cessors and  assigns,  into  a body  politic  and  corporate,  in 
deed  and  in  law,  by  the  name,  style  and  title  designated 
by  the  special  Act  of  Assembly  : and  by  the  said  name, 
style  and  title,  the  said  subscribers  shall  have  perpetual 
succession,  with  all  the  privileges,  franchises  and  immuni- 
ties incident  to  a corporation ; and  be  able  to  sue  and  be 
sued,  plead  and  be  impleaded,  in  all  courts  of  record  and 
elsewhere,  and  to  purchase,  receive,  have,  hold,  use  and 
enjoy,  to*  them  and  their  successors,  goods,  chattels,  and 
estate  real  and  personal,  of  what  kind  and  nature  soever, 


19 


and  the  same  from  time  to  time,  to  sell,  exchange,  mort- 
gage, grant,  alien,  or  otherwise  dispose  of,  and  to  make 
dividends  of  such  portion  of  the  profits  as  they  may 
deem  proper ; and  al$o  tb  make  and  have  a common 
seal,  and  the  same  to  alter  and  renew  at  pleasure ; and 
also  to  ordain,  establish  and  put  in  execution,  such  by-  By-Laws- 
laws,  ordinances  and  regulations,  as  shall  appear  necessary 
or  convenient  for  the  government  of  said  corporation,  not 
being  contrary  to  the  constitution  and  laws  of  the  Uni- 
ted States  or  of  this  Commonwealth,  and  generally  to 
do  all  ai  d singular  the  matters  and  things  which  to  them 
it  shall  lawfully  appertain  to  do  for  the  well  being  of 
the  said  corporation  and  the  due  ordering  and  manage- 
ment of  the  affairs  thereof.  Provided,  That  nothing  Proviso, 
herein  contained  shall  be  construed  as  in  any  way  giving 
to  such  corporation,  any  banking  privileges  whatever, 
or  any  other  liberties,  privileges,  or  franchises  but  such 
as  may  be  necessary  or  conveneintto  the  procuring,  own- 
ing, making,  maintaining,  regulating  and  using  their 
railroad,  the  locomotives,  machinery,  cars  and  other  ap- 
pendages thereof,  and  the  conveyance  of  passengers,  the 
transportation  of  goods,  merchandise,  and  other  com- 
modities thereon.  And  provided  further,  That  such  com-  proviso. 
pany  shall  not  purchase  or  hold  any  real  estate,  except 
such  as  may  be  necessary  or  convenient  for  the  making 
and  constructing  of  their  railroad,  or  for  the  furnishing 
of  materials  therefor,  and  for  the  accommodation  of  de- 
pots, offices,  warehouses,  machine-shops,  toll-houses,  en- 
gine and  water  stations,  and  other  appropriate  appurte- 
nances, and  -for  the  persons  and  things  employed  or  used 
in  and  about  the  same. 

Section  3.  That  the  commissioners  named  as  afore-  Organization, 
said,  or  such  of  them  as  shall  have  acted,  shall  as  soon  as 
conveniently  may  be,  after  the  said  letters  patent  shall  be 
obtained,  appoint  a time  and  place  for  the  subscribers  to 
meet,  to  organize  the  company,  and  shall  give  at  least 


20 


Officers 


Froviso 


Annual 

ing. 


two  weeks  notice  thereof  in  the  manner  provided  in  the 
first  section  of  this  Act;  and  the  said  subscribers,  when 
met,  shall  elect,  by  a majority  of  the  votes  present,  to  be 
given  in  person  or  by  proxy,  a President  and  twelve 
Directors,  the  President  and  a majority  of  whom,  shall  be 
resident  citizens  of  this  commonwealth,  and  shall  be 
owners,  respectively,  of  at  least  three  shares  in  the  stock 
of  such  company  ; and  the  said  President  and  Directors 
shall  conduct  and  manage  the  affairs  and  business  of  said 
company,  until  the  second  Monday  in  January  then  next 
ensuing,  and  until  others  are  chosen  ; and  may  make,' 
ordain  and  establish  such  by-laws,  rules,  orders  and 
regulations,  and  perform  such  other  matters  and  things  as 
are  by  this  Act  authorized : Provided,  That  in  case  of 
the  resignation,  death  or  removal  of  the  President,  the 
Directors  shall,  by  a majority  of  votes,  supply  the  va- 
cancy until  the  next  annual  election. 

Meet  Section  4.  That  the  stockholders  of  such  company 
shall  meet  on  the  second  Monday  in  January  in  every 
year,  at  such  place  as  may  be  fixed  on  by  the  by-laws,  of 
which  notice  shall  be  given,  at  least  two  weeks  previously 
by  the  Secretary,  in  the  manner  before  mentioned,  and 
choose  by  a majority  of  the  votes  present,  a President 
and  twelve  Directors  qualified  as  aforesaid,  for  the  ensuing 
year,  who  shall  continue  in  office  until  the  next  annual 
election,  and  until  others  are  chosen  ; at  which  annual 
meeting,  the  said  stockholders  shall  have  full  powers  and 
authority,  to  make,  alter  or  repeal,  by  a majority  of  votes 
given,  any  or  all  such  by-laws,  rules,  orders  and  regula- 
tions as  aforesaid,  and  do  and  perform  every  other  corpo- 
rate Act,  authorized  by  their  charter  : the  stockholders 
may  meet  at  such  other  times  and  places  as  they  be 
summoned  by  the  President  and  Directors,  in  such  man- 
ner and  form,  and  giving  such  notice  as  may  be  prescribed 
by  the  by-laws,  and  the  President,  on  the  request  in 
writing  of  any  number  of  stockholders,  representing  not 


21 


less  than  one  tenth  in  interest,  shall  call  a special  meeting,  8P*®‘al  Meet* 
giving  the  like  notice,  and  stating  specifically  the  objects 
of  the  meeting  : and  the  objects  stated  in  such  notice, 
and  no  other,  shall  be  acted  on  at  such  special  meeting. 

Section  5.  The  elections  for  Directors  provided  for  Elections,  how 
in  this  Act,  shall  be  conducted  as  follows  ; to  wit : at  the 
first  election,  the  commissioners  shall  appoint  three  stock- 
holders to  be  judges  of  the  said  election,  and  to  hold  the 
same ; and  at  every  succeeding  election  the  Directors, 
for  the  time  being,  shall  appoint  three  stockholders  for 
the  like  purpose  ; and  the  persons  so  appointed  by  said 
commissioners  and  directors,  shall  not  be  eligible  to  an 
election  as  a Director  at  said  election,  and  shall  respective  - 
ly take  and  subscribe  an  oath  or  affirmation,  before  an  # 

Alderman  or  Justice  of  the  Peace,  well  and  truly  and  ac- 
cording to  law,  to  conduct  such  election  to  the  best  of 
their  knowledge  and  ability ; and  the  said  judges  shall 
deeide  upon  the  qualifications  of  voters,  and  when  the 
election  is  closed  shall  count  the  votes  and  declare  who 
have  been  elected  ; and  if  at  any  time  it  shall  happen, 
that  an  election  of  directors  shall  not  be  made  at  the  time 
specified,  the  corporation  shall  not  for  that  reason  be  dis- 
solved ; but  it  shall  be  lawful  to  hold  and  make  such 
election  of  Directors,  on  any  day  within  three  months 
thereafter,  by  giving  at  least  ten  days  previous  notice  of 
the  time  and  place  of  holding  said  election  in  the  manner 
aforesaid  ; and  the  Directors  of  the  preceding  year,  shall 
in  that  case  continue  in  office,  and  be  invested  with  all 
powers  belonging  to  them  as  such,  until  others  are  elec- 
ted in  their  stead  : in  case  of  the  death  or  resignation  of 
a Director,  or  a failure  to  elect  in  case  of  a tie  vote,  the 
vacancy  may  be  filled  by  the  Board  of  Directors : at  all  the 
general  meetings  or  elections  by  the  stockholders,  each 
share  of  stock  shall  entitle  the  holder  thereof  to  one  vote, 
and  each  ballot  shall  have  endorsed  thereon  the  number 
of  shares  thereby  represented ; but  no  share  or  shares 


22 


Quorum, 


Certificates 

Stock. 


transferred  within  sixty  days  next  preceding  any  election, 
or  general  meeting  of  the  stockholders,  shall  entitle  the 
holder  or  holders  thereof,  to  vote  at  any  such  election  or 
general  meeting ; nor  shall  any  proxy  be  received,  or 
entitle  the  holder  to  vote,  unless  the  same  shall  bear  date, 
and  have  been  duly  executed,  within  the  three  months 
next  preceding  such  election,  or  general  meeting. 

Section  6.  That  the  President  and  Directors  of  such 
company  for  the  time  being,  are  hereby  authorized  and 
empowered,  to  exercise  all  the  powers  granted  to  the 
corporation  ; they  shall  meet  at  such  times  and  places 
as  shall  be  by  them  deemed  most  convenient  for  the 
transaction  of  their  business  and  when  met,  seven  shall 
be  a quorum  to  do  business ; the  President  if  present, 
shall  preside  at  all  meetings  of  the  board,  and  when 
absent  the  board  shall  appoint  a President  pro.  tern.;  they 
shall  keep  minutes  of  their  proceedings  fairly  entered  in 
a suitable  book,  to  be  kept  for  that  purpose  ; they  shall 
choose  a Secretary  and  Treasurer,  and  may  appoint  or 
employ  all  such  Officers,  Engineers,  Agents,  Superinten- 
dents, Artisans,  Workmen  or  other  persons,  as  in  their 
opinions  may  be  necessary  and  proper  in  the  management 
of  the  affairs  and  business  of  said  corporation,  at  such 
times,  in  such  manner,  and  under  such  regulations,  as 
they  may  from  time  to  time  determine ; they  shall  fix  the 
amount  of  the  salaries  and  wages  of  such  officers  and  per- 
sons employed  by  them,  and  they  may  require  bond, 
with  security  in  such  amounts  as  they  may  deem  neces- 
sary, of  each  or  any  of  said  officers  or  other  persons  by 
them  appointed  or  employed,  for  the  faithful  discharge  of 
their  duties,  and  generally  to  do  all  such  other  acts, 
matters  and  things,  as  by  this  Act,  and  the  by-laws  and 
regulations  of  said  company,  they  may  be  authorized 
to  do. 

Section  7.  That  the  President  and  Directors  of  such 
company  first  chosen,  shall  procure  certificates  or  evidences 


23 


of  stock  for  all  the  shares  of  such  company,  and  shall 
deliver  one  or  more  certificates  or  evidences,  signed  by  the 
President,  countersigned  by  the  Treasurer,  and  sealed 
with  the  common  seal  of  the  corporation,  to  each  person 
or  party  entitled  to  receive  the  same,  according  to  the 
number  of  shares  by  him,  her  or  them,  respectively  sub- 
scribed or  held,  which  certificates  or  evidences  of  stock 
shall  be  transferable  at  the  pleasure  of  the  holder,  in  a Transferable, 
suitable  book  or  books,  to  be  kept  by  the  company  for 
that  purpose,  in  person  or  by  attorney  duly  authorized, 
in  the  presence  of  the  president  or  treasurer,  subject, 
however,  to  all  payments  due  or  to  become  due  thereon ; 
and  the  assignee  or  party  to  whom  the  same  shall  have 
been  so ‘transferred,  shall  thereupon  be  a member  of  said 
corporation,  and  have  and  enjoy  all  the  immunities, 
privileges  and  franchises,  and  be  subject  to  all  the  lia- 
bilities, conditions  and  penalties  incident  thereto,  in  the 
same  manner  as  the  original,  subscriber  would  have  been ; 

Provided,  That  no  certificate  shall  be  transferred  so  long 
as  the  holder  thereof  is  indebted  to  said  company,  un- 
less the  board  of  directors  shall  consent  thereto : And  proviso. 
provided,  That  no  such  transfer  of  stock  shall  have  the  * 
effect  of  discharging  any  liabilities  or  penalties  thereto- 
fore incurred  by  the  owner  thereof.  ' 

Section  8.  The  capital  stock  of  such  company  shall  Capital  stock, 
be  divided  into  shares  of  fifty  dollars  each,  and  shall  be  shares, 
called  in  and  paid  at  such  times  and  places,  and  in  such 
proportions  and  instalments,  not,  however  exceeding  instalments, 
five  dollop  per  share  in  any  period  of  thirty  days,  as 
the  directors  shall  require,  of  which  public  notice  shall 
be  given,  for  at  least  two  weeks  next  preceding  the  time 
or  times  appointed  for  that  purpose,  in  the  manner  above 
mentioned ; and  if  any  stockholder,  shall  neglect  to  pay 
such  proportion  or  instalment,  so  called  for  at  the  time 
and  place  appointed,  he,  she  or  they  shall  be  liable  to 
pay,  in  addition  to  the  proportion  or  instalment  so  called 


24 


Forfeiture 


Proviso. 


Dividends. 


for,  at  the  rate  of  one  per  cent,  per  month  for  the  delay 
of  such  payment ; and  if  the  same  and  the  additional  or 
any  part  thereof,  shall  remain  unpaid  for  the  period  of 
six  months,  he,  she  or  they  shall,  at  the  discretion  of  the 
directors,  forfeit  to  the  hse  of  the  company  all  right,  title, 
and  interest  in  and  to  every  and  all  share  or  shares,  on 
account  of  which  such  default  in  payment  may  be  made 
as  aforesaid,  or  the  directors  may  at  their  option,  cause 
suit  to  be  brought  before  any  competent  tribunal,  for  the 
recovery  of  the  amount  due  on  such  shaves,  together  with 
the  penalty  of  one  per  cent,  per  month  as  aforesaid ; 
and  in  the  event  of  a forfeiture,  the  share  or  shares  so- 
forfeited  may  be  disposed  of  at  the  discretion  of  the 
president  and  directors,  under  such  rules  and  regulations 
as  may  be  prescribed  by  the  by-laws.  No  stockholder 
shall  be  entitled  to  vote  at  any  election,  nor  at  any  gene- 
ral or  special  meeting  of  the  company,  on  whose  share  or 
shares  any  instalment  or  arrearages,  may  be  due  more 
than  thirty  days  next  preceding  said  election  or  meeting : 
Provided,  That  no  forfeiture  of  stock  shall  release  or  dis- 
charge the  owner  thereof  from  any  liabilities  or  penal- 
ties incurred  prior  to  the  time  of  such  forfeiture. 

Section  9.  That  the  dividends  of  so  much  of  the 
profits  of  such  company  as  shall  appear  advisable  to  the 
directors,  shall  be  declared  in  the  months  of  July  and 
January  in  each  and  every  year,  and  be  paid  to  the 
stockholders  or  their  legal  representatives,  on  application 
at  the  office  of  such  company,  at  any  time  after  the  ex- 
piration of  ten  days  from  the  time  of  deceiving  the 
same ; but  the  said  dividends  shall  in  no  case  exceed  the 
amounts  of  the  net  profits  actually  acquired  by  the  com- 
pany, so  that  the  capital  stock  shall  never  be  impaired 
thereby;  and  if  the  said  directors  shall  make  any  divi- 
dends which  shall  impair  the  capital  stock  of  the  com- 
pany, the  directors  consenting  thereto  shall  be  liable,  in 
their  individual  capacities,  to  such  company  for  the 


25 


amount  of  the  capital  stock  so  divided,  recoverable  by 
action  of  debt  as  in  other  cases ; and  each  director  pres- 
ent when  such  dividend  shall  be  declared,  shall  be  con- 
sidered as  consenting  thereto ; unless  he  forthwith  enter 
his  protest  on  the  minutes  of  the  board,  and  give  public 
notice  to  the  stockholders  of  the  declaring  of  such  di- 
vidend. 

Section  10.  That  the  president  and  directors  of  m^^dSr- 
such  company  shall  have  power  and  authority  by  them-  mine  route’ &c' 
selves,  their  engineers,  superintendents,  agents,  artizans 
and  workmen,  to  survey,  ascertain,  locate,  fix,  mark  and 
determine  such  route  for  a railroad  as  they  may  deem 
expedient,  not  however  passing  through  any  burying 
ground  or  place  of  public  worship,  or  any  dwelling  house 
in  the  occupancy  of  the  owner  or  owners  thereof,  with- 
out his,  her,  or  their  consent,  and  not  except  in  the  neigh- 
borhood of  deep  cuttings,  or  high  embankments,  or 
places  selected  for  sidelings,  turnouts,  depots,  engine  or 
water  stations,  to  exceed  sixty  feet  in  width,  and  thereon 
to  lay  down,  erect,  construct  and  establish  a railroad,  with 
one  or  more  tracks,  with  such  branches  or  lateral  roads 
, as  may  be  specially  authorized,  and  with  such  bridges, 
viaducts,  turnouts,  sidelings,  or  other  devices  as  they  may 
deem  necessary  or  useful  between  the  points  named,  in 
the  special  act  incorporating  such  company,  commence- 
ing  at  or  within,  or  extending  to  or  into  any  town,  city 
or  village,  named  as  the  place  of  beginning  or  terminus 
of  such  road;  and  in  like  manner,  by  themselves,  or 
other  persons  by  them  appointed  or  employed  as  afore- 
said, to  enter  upon  and  into,  and  occupy  all  land  on 
which  the  said  railroad  or  depots,  warehouses,  offices, 
toll  houses,  engines  and  water  stations,  other  buildings 
or  appurtenances  hereinbefore  mentioned  may  be  located, 
or  which  may  be  necessary  or  convenient  for  the  erection 
of  the  same,  or  for  any  purpose  necessary  or  useful  in 
the  construction,  maintenance  or  repairs  of  said  railroad 

4 


20 


Proviso. 


Proviso. 


Proviso. 


Damages, 

ascertained 

adjusted. 


and  therein  and  thereon  to  dig,  excavate  and  embank, 
make,  grade  and  lay  down  and  construct  the  same ; and 
it  shall  in  like  manner  be  lawful  for  such  company,  their 
officers,  agents,  engineers,  contractors  or  workmen,  with 
their  implements  and  beasts  of  draught  or  burden,  to 
enter  upon  any  lands  adjoining  or  in  the  neighborhood  of 
their  railroad  so  to  be  constructed,  and  to  quarry,  dig,  cut, 
take  and  carry  away  therefrom  any  stone,  gravel,  clay, 
sand,  earth,  wood,  or  other  suitable  material  necessary 
or  proper  for  the  construction  of  any  bridges,  viaduct  or 
other  buildings,  which  may  be  required  for  the  use, 
maintenance  or  repairs  of  said  railroad.  Provided,  That 
before  such  company  shall  enter  upon,  or  take  possession 
of  any  such  lands  or  materials,  they  shall  make  ample 
compensation  to  the  owner  or  owners  thereof,  or  tender 
adequate  security  therefor.  Provided  further,  That  the 
timber  used  in  the  construction  or  repair  of  said  rail- 
road, shall  be  obtained  from  the  owner  thereof  only  by 
agreement  or  purchase.  And  provided  further,  That 
whenever  any  company  shall  locate  its  road  in  or  upon 
any  street  or  alley  in  any  city  or  borough,  ample  com- 
pensation shall  be  made  to  the  owners  of  lots  fronting 
upon  such  street  or  alley,  for  any  damages  they  may  sus- 
tain by  reason  of  any  excavation  or  embankment  made 
in  the  construction  of  such  road,  to  be  ascertained  as 
other  damages  are  authorized  to  be  ascertained  by  this 
Act. 

r Section  11.  That  when  the  said  company  cannot 
agree  with  the  owner  or  owners  of  any  lands  or  mate- 
rials, for  the  compensation  proper  for  the  damage  done 
or  likely  to  be  done  to,  or  sustained  by  any  such  owner 
or  owners  of  such  lands  or  materials,  which  such  com- 
pany may  enter  upon,  use  or  take  away,  in  pursuance  of 
the  authority  hereinbefore  given,  or  by  reason  of  the  ab- 
sence or  legal  incapacity  of  any  such  owner  or  owners, 
no  such  compensation  can  be  agreed  upon,  the  Court  of 


27 


Common  Pleas  of  the  proper  county,  on  application 
thereto  by  petition,  either  by  said  company  or  owner  or 
owners,  or  any  one  in  behalf  of  either,  shall . appoint 
seven  discreet  and  disinterested  freeholders  of  said  coun- 
ty, neither  of  whom  shall  be  residents  or  owners  of  prop- 
erty upon  or  adjoining  the  line  of  such  railroad,  and  ap- 
point a time,  not  less  than  twenty  nor  more  than  thirty 
days  thereafter,  for  said  viewers  to  meet  at  or  upon  the 
premises  where  the  damages  are  alledged  to  be  sustained, 
of  which  time  and  place  ten  days  notice  shall  be  given 
by  the  petitioner  to  the  said  viewers  and  the  other  party ; 
and  the  said  viewers,  or  any  five  of  them,  having  been 
first  duly  sworn  or  affirmed,  faithfully,  justly  and  im- 
partially to  decide  and  true  report  to  make  concerning  all 
matters  and  things  to  be  submitted  to  them,  and  in  re- 
lation to  which*  they  are  authorized  to  inquire  in  pursu- 
ance to  the  provisions  of  this  Act,  and  having  viewed 
the  premises  they  shall  estimate  and  determine  the  quan- 
tity, quality  and  value  of  said  lands  so  taken  or  occupied, 
or  to  be  so  taken  or  occupied,  or  the  materials  so  used 
or  taken  away,  as  the  case  may  be,  and  having  a due  re- 
gard to  and  making  just  allowance  for  the  advantages 
which  have  resulted,  or  which  may  seem  likely  to  result, 
to  the  owner  or  owners  of  said  land  or  materials,  in  con- 
sequence of  the  making  or  opening  of  said  railroad,  and 
of  the  construction  of  works  connected  therewith ; and 
after  having  made  a fair  and  just  comparison  of  said  ad- 
vantages and  disadvantages,  they  shall  estimate  and  de- 
termine whether  any,  and  if  any,  what  amount  of  dam- 
ages has  been  or  may  be  sustained,  and  to  whom  paya- 
ble, and  make  report  thereof  to  the  said  court ; and  if 
damages  be  awarded,  and  the  report  be  confirmed  by 
the  said  court,  judgement  shall  be  entered  thereon ; and 
if  the  amount  thereof  be  not  paid  within  thirty  days 
after  the  entry  of  such  judgement,  execution  may  then 
issue  thereon  as  in  other  cases  of  debt,  for  the  sum  so 


28 


Causeways. 


To  be  kept  i 
good  repair,  “ 


Proviso. 


awarded,  and  the  costs  and  expenses  incurred  shall  be 
defrayed  by  the  said  railroad  company  • and  each  of 
said  viewers  shall  be  entitled  to  one  dollar  and  fifty 
cents  per  day  for  every  day  necessarily  employed  in  the 
performance  of  the  duties  herein  prescribed,  to  be  paid 
by  such  railroad  company. 

Section  12.  That  whenever  in  the  construction  of 
such  road  or  roads,  it  shall  be  necessary  to  cross  or  inter- 
sect, any  established  road  or  way,  it  shall  be  duty  of  the 
president  and  directors  of  the  said  company,  so  to  con- 
struct the  said  road  across  such  established  road  or  way, 
as  not  to  impede  the  passage  or  transportation  of  persons 
or  property  along  the  same,  and  that  for  the  accommo- 
dation of  all  persons  owning  or  possessing  land  through 
which  the  said  railroad  may  pass,  it  shall  be  the  duty  of 
such  company  to  make  or  cause  to  be  made,  a good  and 
sufficient  causeway  or  causeways,  whenever  the  same 
may  be  necessary  to  enable  the  occupant  or  occupants  of 
said  lands  to  cross  or  pass  over  the  same,  with  wagons, 
carts  and  implements  of  husbandry  as  occasion  may  re- 
quire ; and  the  said  causeway  or  causeways  when  so 
made,  shall  be  maintained  and  kept  in  good  repair  by 
such  company ; and  if  the  said  company  shall  neglect 
or  refuse,  on  request,  to  make  such  causeway  or  cause- 
ways, or  when  made,  to  keep  the  same  in  good  order, 
the  said  company  shall  be  liable  to  pay  any  person  ag- 
grieved thereby,  all  damages  sustained  by  such  person 
in  consequence  of  such  neglect  or  refusal  ; such  damages 
to  be  assessed  and  ascertained  in  the  same  manner  as 
provided  in  the  last  section  for  the  assessment  of  dama- 
ges : Provided,  That  the  said  company  shall  in  no  case, 
to  make  or  cause  to  be  made,  more  than  one  causeway 
through  each  plantation  or  lot  of  land,  for  the  accommo- 
dation of  any  one  person  owning  or  possessing  land 
through  which  the  said  railroad  may  pass ; and  where 
any  public  road  shall  cross  such  railroad,  the  person 


29 


owning  or  possessing  land  through  which  the  said  public 
road  may  pass,  shall  not  be  entitled  to  require  the  com- 
pany to  erect  or  keep  in  repair,  any  causeway  or  bridge 
for  accommodation  of  the  occupant  of  said  land. 

Section  13.  That  if  any  such  railroad  company  shall 
find  it  necessary  to  change  the  site  of  any  portion  of  Caion.seofL°" 
any  turnpike  or  public  road,  they  shall  cause  the  same  to 
be  reconstructed  forthwith  at  their  own  proper  expense, 
on  the  most  favorable  location,  and  in  as  perfect  a man- 
ner as  the  original  road:  Provided,  That  the  damages  Proviso, 
incurred  in  changing  the  location  of  any  road  authorized 
by  this  section,  shall  be  ascertained  and  paid  by  such 
company  in  the  same  manner  as  is  provided  for  in  re- 
gard to  the  location  and  construction  of  their  own  road. 

Section  14.  That  in  all  suits  or  actions  against  such  serviceofpro- 
company,  the  service  of  process  on  the  president,  secre-  ce8S’ 
tary,  treasurer,  engineer,  agent  or  any  director  of  the 
same,  shall  be  good  and  available  in  law ; but  no  suit  or 
action  shall  be  prosecuted  by  any  person  or  persons,  for 
any  penalties  incurred  under  this  act,  unless  such  suit  or 
action  shall  be  commenced  within  two  years  next  after 
the  offence  committed  or  cause  of  action  accrued ; and 
the  defendants  in  such  suit  or  action  may  plead  the 
general  issue,  and  give  this  act  and  the  special  matter  in 
evidence,  and  that  the  same  was  done  in  pursuance  and 
by  authority  of  this  act. 

Section  15.  That  if  any  person  or  persons  shall  Penalty  for  com- 

, < . A mining  injuries 

wilfully  and  knowingly  break,  injure  or  destroy,  any  10  works>  &c* 
railroad  authorized  by  special  act  of  Assembly,  or  any 
part  thereof,  or  any  edifice,  device,  property  or  work  or 
any  part  thereof  or  any  machinery,  engine,  car,  imple- 
ment or  utensil,  erected,  owned  or  used  by  such  company, 
in  pursuance  of  this  act,  he,  she  or  they  so  offending, 
shall  forfeit  and*  pay  to  such  company,  three  times  the 
actual  damage  so  sustained,  to  be  sued  for  and  recovered 


30 


Penalty  for  mis 
demeanor. 


Proviso. 


Statement 
affairs,  &c. 


Public  high- 
ways. 


with  full  costs,  before  any  tribunal  having  cognizance 
thereof,  by  action  in  the  name  and  for  the  use  of  the 
company. 

Section  16.  That  if  any  person  or  persons  shall 
wilfully  and  maliciously  remove  or  destroy  any  part  of 
the  road,  property,  buildings  or  other  works,  belonging 
to  such  company,  or  place  designedly  and  with  evil  in- 
tent, any  obstruction  on  the  line  of  such  railroad,  so  as 
to  jeopard  the  safety  or  endanger  the  lives  of  persons 
traveling  on  or  over  the  same,  such  person  or  persons  so 
offending,  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall  on  conviction  be  imprisoned  in  the  county  jail  or 
penitentiary,  at  the  discretion  of  the  court,  for  a term 
not  more  than  three  years : Provided,  That  nothing  here- 
in contained  shall  prevent  the  company  from  pursuing 
any  other  appropriate  remedy  at  law  in  such  cases. 

Section  17.  That  at  each  annual  meeting  of  the 
stockholders  of  any  such  company,  the  president  and 
managers  of  the  preceeding  year,  shall  exhibit  to  them  a 
full  and  complete  statement  of  the  affairs  and  proceed- 
ings of  the  company  for  such  year,  with  all  such  mat- 
ters as  shall  be  necessary  to  convey  to  the  stockholders 
a full  knowledge” of  the  condition  and  affairs  of  the 
company ; and  the  said  president  and  directors  of  every 
such  company,  shall  whenever  required,  furnish  to  the 
legislature,  or  either  branch  thereof,  a full  and  authentic 
report  of  their  affairs  and  transactions,  or  such  informa- 
tion relating  thereto,  as  may  be  demanded  of  them. 

Section  18.  That  upon  the  completion  of  any  rail- 
road authorized  as  aforesaid,  the  same  shall  be  esteemed 
a public  highway,  for  the  conveyance  of  passengers,  and 
the  transportation  of  freight,  subject  to  such  rules  and 
regulations,  in  relation  to  the  same,  and  to  the  size  and 
construction  of  wheels,  cars,  and  carriages,  the  weight  of 
loads/and  all  other  matters  and  things  connected  with 


31 


the  use  of  said  railroad,  as  the  president  and  directors 
may  prescribe  and  direct:  Provided,  That  the  said  com-  Proviso, 
pany  shall  have  the  exclusive  control  of  the  motive 
power,  and  may  from  time  to  time  establish,  demand  and 
receive  such  rates  of  toll,  or  other  compensation,  for  the 
use  of  such  road  and  of  said  motive  power,  and  for  the 
conveyance  of  passengers,  the  transportation  of  mer- 
chandize and  commodities,  and  the  cars  or  other  vehi- 
cles containing  the  same,  or  otherwise  passing  over  or 
on  the  said  railroad,  as  to  the  president  and  directors 
shall  seem  reasonable  : Provided,  however,  nevertheless,  Proviso. 

That  said  rates  of  toll  and  motive  power  charges,  so  to 
be  established,  demanded  or  received,  when  the  cars  used 
for  such  conveyance  or  transportation,  are  owned  or  fur- 
nished by  others,  shall  not  exceed  two  and  one  half  cents  Ton# 
per  mile  for  each  passenger,  three  cents  per  mile  for  each 
ton  of  two  thousand  pounds  of  freight,  three  cents  per 
mile  for  each  passenger  or  baggage  car,  and  two  cents 
per  mile  for  each  burden  or  freight  car,  every  four  wheels 
being  computed  a car ; and  in  the  transportation  of 
passengers,  no  charge  shall  be  made  to  exceed  three 
cents  per  mile  for  through  passengers,  and  three  and  a 
half  cents  per  mile  for  way  passengers. 

Section  1 9.  That  if  any  company  incorporated  as  Commence, 
aforesaid,  shall  not  commence  the  construction  of  their  pietion  of  road’, 
proposed  railroad  within  three  years,  and  complete  and 
open  the  same  for  use,  with  at  least  one  track,  within 
the  term  prescribed  by  the  special  act  authorizing  the 
same,  or  if  after  completion,  the  said  railroad  shall  be 
suffered  to  go  into  decay,  and  be  impassable  for  the  term 
of  two  years,  then  this  charter  shall  be  null  and  void, 
except  so  far  as  to  compel  the  said  company  to  make 
reparation  for  damages. 

Section  20.  That  if  any  company  incorporated  as  Reservation, 
aforesaid,  shall  at  any  time  misuse  or  abuse  any  of  the 
privileges  granted  by  this  act,  or  by  the  special  act  of 


32 


Proviso. 


incorporation,  the  Legislature  may  revoke,  all  and  singu- 
lar the  rights  and  privileges  so  granted  to  such  company ; 
and  the  Legislature  hereby  reserves  the  power  to  resume, 
alter  or  amend  any  charter  granted  under  this  act,  and 
take  for  public  use  any  road  constructed  in  pursuance  of 
such  charter : Provided,  That  in  resuming,  altering,  or 
amending  said  charters,  no  injustice  shall  be  done  to  the 
corporators,  and  that  in  taking  such  roads  for  public  use, 
full  compensation  shall  be  made  to  the  stockholders. 

WILLIAM  F.  PACKER, 
Speaker  of  the  House  of  Representatives. 

GEORGE  DARSIE, 

Speaker  of  the  Senate. 

APPROVED — - The  nineteenth  day  of  February , 
one  thousand  eight  hundred  and  forty^nine. 

WM.  F.  JOHNSTON. 


33 


(A  SUPPLEMENT,) 

To  the  Act  Incorporating  the  Pennsylvania  Coal  Company, 

“ Section  2d.  That  in  all  cases  where  the  parties  cannot  agree 
on  the  amount  of  damages  claimed,  either  for  lands  or  materials,  the 
company  shall  tender  a bond  with  sufficient  security  to  the  party 
claiming  the  damages,  the  condition  of  which  shall  be  that  the 
company  will  pay  or  cause  to  be  paid,  such  amount  of  damages  as 
the  party  shall  be  entitled  to  receive,  after  the  same  shall  have  been 
agreed  upon  by  the  parties,  or  assessed  under  the  act  to  which  this 
is  a supplement : 

Provided , That  in  case  the  party  or  parties  claiming  damages 
refuse  to  accept  the  bond  as  tendered  by  the  company,  the  company 
shall  in  every  such  case  present  their  bond  to  the  Court  of  Common 
Pleas  of  the  proper  county,  and  if  the  court  approve  of  the  security, 
shall  direct  the  same  to  be  filed  for  the  benefit  of  those  to  whom  it 
is  given  ; which  bond  shall  be  answerable  as  all  other  debts  for  the 
amount  of  damages  assessed,  if  the  same  be  not  paid  in  a reasonable 
time  after  such  assessment:  And  provided  further , That  upon  the 
filing  of  such  bonds  it  shall  be  lawful  for  the  President,  Directors 
and  company,  or  any  of  their  agents,  to  enter  upon  any  land  which 
they  shall  deem  necessary  for  the  construction  of  said  road,  either 
by  the  making  of  any  excavation  or  embankment,  or  for  the  purpose 
of  searching  for  earth,  stone  or  gravel.” 


5 


34 


% 


Beaumont,  Luzerne  Co.,  Penn., 

January  15  th,  1853. 

Wm.  Coxe  Dusenbery,  Esq., 

Dear  Sir  : — Agreeably  to  your  request,  we  proceed  to  give  you  all 
the  information  we  have  within  our  knowledge,  in  regard  to  the 
Timber  Lands  in  this  section,  and  the  cost  of  manufacturing  Lumber. 

We  stated  to  you  in  our  last  conversation,  when  recently  in  your 
city,  that  we  believed  there  was  from  two  hundred  and  fifty  to  three 
hundred  million  feet  of  all  kinds  of  timber  and  lumber  that  would 
go  to  market  over  a railroad  passing  through  the  country  where  it  is 
contemplated  the  route  from  Wilkesbarre  to  the  Delaware  Water 
Gap  will  pass.  In  conversing  with  others,  we  find  that  it  will  ex- 
ceed that  amount.  We  have  made  our  estimate  by  taking  three 
miles  wide  on  each  side  of  the  Road,  commencing  east  of  Tobyhan- 
nah  River  and  going  west  fifteen  miles  to  Shiney  Mountain,  but  we 
have  good  reason  to  know  that  lumber  will  be  brought  a much 
greater  distance  to  the  Road.  We  believe  a great  part  of  the  tim- 
ber lands  lying  in  the  three  miles,  can  be  purchased  at  from  one  to 
six  dollars  per  acre,  according  to  the  quality,  quantity,  and  variety  of 
the  timber  growing  on  the  same.  The  cost  of  saw  mills  will  be 
about  two  thousand  dollars  for  each  saw,  and  each  saw  will  manu- 
facture from  eight  hundred  thousand  to  a million  feet  of  lumber  in 
a year.  Water  power  is  more  uncertain  than  steam,  as  to  quantity, 
as  they  are  subject  to  drought  in  summer  and  frost  in  winter,  whereas 
a steam  mill  will  average  twelve  hundred  thousand  feet  a year  for 
each  saw. 

The  average  cost  of  cutting  the  timber,  and  sawing  and  delivering 
on  the  line  of  railroad,  we  do  not  think  will  exceed  three  dollars  and 
seventy-five  cents,  or  four  dollars,  the  thousand  feet,  (that  is,  after  the 
steam  saw  mills  are  erected,  which  can  be  located  in  the  woods,  to 
favor  the  hauling  of  the  timber,  and  the  delivery  of  the  lumber  to 
the  railroad.)  The  cost  of  transportation,  Mr.  Bassinger  (the  Engi- 
neer of  the  Morris  & Essex  Railroad,)  informed  us,  would  be  from 
three  to  four  cents  per  thousand  feet  per  mile.  The  cost  of  the  land, 
which  is  covered  with  pine,  spruce,  hemlock,  beech,  birch,  maple, 
white  ash,  and  cherry,  with  the  manufacturing  into  lumber,  we  think, 


35 


will  average  twelve  dollars  per  thousand  feet,  delivered  in  the  market. 
Now  allowing  for  erection  of  mills,  the  cost  of  manufacturing  the 
lumber,  and  transportation  to  market,  at  the  above  average,  there 
will  be  a profit  of  from  five  to  eight  dollars  per  thousand  feet.  The 
amount  that  will  be  realized  will  be  in  proportion  to  the  quantity  of 
lands  purchased. 

There  is  no  timber,  in  any  quantity,  so  near  New  York  or  Phila 
delphia,  as  this,  which  will  give  it  a higher  rate  of  profit  than  can 
be  obtained  from  any  other  place  where  timber  lands  can  be  pur- 
chased. 

A large  proportion  of  these  lands,  now  covered  with  timber,  will 
be  worth  as  much,  or  more,  after  the  timber  is  cut  off,  for  farming 
purposes,  than  they  are  now.  Mr.  Isaac  Lewis,  living  near  the  con- 
templated route,  on  the  Lehigh  River,  last  spring  planted  potatoes 
on  a piece  of  new  ground,  by  digging  holes  here  and  there  among 
the  stumps  and  logs,  without  manure,  and  raised  a fine  crop,  which 
is  a proof  of  the  quality  of  the  soil. 

We  believe  we  have  given  all  the  information  you  desired,  and  as 
near  the  facts  as  it  will  be  possible  to  arrive  at ; any  further  informa- 
tion, however,  that  you  may  want,  we  will  cheerfully  give,  to  the 
best  of  our  knowledge,  at  any  time. 

Respectfully  yours,  Ac., 

EDWARD  LINDSLEY, 

A.  LEWIS. 


APPENDIX 


During  the  summer  of  1850,  some  triends  in  this  city,  whose 
attention  was  drawn  to  this  great  enterprise,  employed  Wm.  F. 
Roberts,  Esq.,  a well-known  practised  geologist,  to  examine  some 
lands  upon  or  very  near  the  contemplated  line  of  road,  to  ascertain 
if  there  was  any  coal  upon  them.  Here  is  his 

REPORT. 

Wilkesbarre,  Pa.,  June  20th,  1850. 

To 

John  Alstyne,  Esq.,  1 

Simeon  Draper,  Esq.  >•  of  New  York. 

Wm.  Coxe  Dusenbery,  Esq.,  ) 

Gentlemen : 

In  compliance  with  your  request,  I at  once  proceed  to  submit 
my  Report  upon  the  Western  portion  of  the  third  tier  of  Lots  in 
Pittston  Township,  Luzerne  County,  Pennsylvania,  the  result  of  two 
examinations — the  first  in  the  fall  of  1839,  the  second  in  the  spring 
of  1850,  by  Wm.  F.  Roberts,  Practical  Geologist  and  Engineer  of 
Mines. 

The  examinations  above  referred  to,  of  a part  of  the  third  tier  of 
lots,  lying  between  the  waters  of  Mill  creek,  a tributary  of  the  Sus- 
quehanna, on  the  division  line  between  the  townships  of  Pittston 
and  Wilkesbarre,  and  the  waters  of  Miller’s  Creek,  a tributary  of  the 
Lackawanna,  was  made  for  the  purpose  of  ascertaining  the  Geologi- 
cal value  of  these  lands  for  Anthracite  coal,  and  the  facts  and  con- 
clusions arrived  at  are  as  follows : 

The  boundary  of  the  coal  formation  (the  conglomerate  rock  on 
which  the  coal  veins  repose,)  crops  out  on  the  summit  of  the  moun- 
tain at  the  point  of  intersection  of  the  north-western  and  north- 
eastern lines  of  Pittston  certified  Township,  a short  distance  south- 
east from  the  intersection  of  the  south-western  line  of  Wilkes- 
barre Township,  on  the  knoll  of  the  mountain  north-east  of  the  gap 


37 


of  Mill  Creek.  The  course  of  the  mountain,  and  the  general  range 
of  the  outcrop  of  the  coal  veins  from  Mill  Creek  gap  in  an  east- 
wardly  direction,  diverges  gradually  from  the  line  of  Pittston  Town- 
ship, and  consequently  the  distance  is  continually  increasing  east- 
wardly,  between  the  range  of  the  outcrop  of  coal  veins  and  the 
Township  line  of  Pittston,  and  thus  the  third  tier  of  lots  command 
the  lowermost  veins  of  the  formation,  (which  are  the  largest  and 
produce  the  best  coal,)  and  those  in  the  third  tier  are  nearer  to  the 
surface  than  they  are  at  the  RivA,  and  better  adapted  for  economical 
mining. 

It  was  formerly  considered,  and  indeed  is  at  the  present  time  as- 
serted, by  some  persons,  that  the  third  tier  of  lots  in  Pittston  Town- 
ship are  of  very  little  value  for  coal.  They  are,  and  always  have 
been,  what  may  be  termed  “ run  down,”  by  parties  interested  in  the 
lands  and  mines  Contiguous  to  the  river,  who  hold  the  opinion  that 
no  other  land  contains  coal  except  that  in  which  they  are  interested ; 
thus  the  prejudice  of  these  persons  has  done  much  to  prevent  the 
purchase  of  land  in  the  third  tier  of  lots,  and  for  this  reason,  and 
this  alone,  the  third  tier  of  lots  are  valued  by  their  respective  owners 
(except  in  one  or  two  instances,)  at  so  low  a price  in  comparison  to 
that  which  is  now  being  asked,  and  for  which  lots  are  now  being 
sold  at  in  the  second  tier,  which  lots  are  really  not  so  valuable  for 
mining  purposes,  as  the  third  tier,  and  there  is  question  if  they  con- 
tain as  much  available  coal. 

The  lots  in  Pittston  Township  are  divided  into  four  tiers,  by  lines 
drawn  pretty  much  in  the  same  direction  as  the  line  of  the  coal 
strata.  The  lots  are  generally  divided  into  narrow  strips,  which 
cross  the  measures  at  right  angles  to  the  range  of  the  outcrop 
of  the  coal  veins.  These  lots  were  divided  previous  to  the  discovery 
of  coal  in  that  section,  and  narrow  strips  were  made  for  the  purpose 
of  giving  to  each  lot-holder  an  equal  proportion  of  mountain  with 
bottom  land.  In  making  purchases  for  mining  operations,  it  is  very 
necessary  to  secure  several  of  these  narrow  lots  connected  together, 
to  get  a sufficient  workable  distance  on  the  range  of  coal  veins,  which 
is  not  easily  accomplished ; in  some  places  it  is  impossible,  in  conse- 
quence of  the  different  and  various  ownerships.  The  lots  therefore, 
to  which  this  Report  refers,  are  not  only  valuable  as  coal  lands,  but 
6 


38 


they  are  likewise  valuable,  and  very  advantageously  situated  for 
mining,  as  a connected  body  of  lands.  The  lots  in  Pittston  Town- 
ship, as  I before  stated,  are  divided  into  four  parts — the  river  tier — 
the  first  tier — the  second  tier — and  the  third  tier. 

The  prejudicial  opinions  are  not  merely  confined  to  a depreciation 
of  the  value  of  the  third  tier  of  lots  in  Pittston  Township,  by  the 
owners  of  the  front  or  River  lots,  but  these  opinions  exist  and  are 
much  used  to  depreciate  the  value  of^sach  others  coal  property  in  that 
section.  Each  owner  considers  himself  to  possess  the  best  coal  tract, 
and  should  one  property-holder  develope  a vein  of  coal  on  his  es- 
tate which  had  not  been  opened  on  his  neighbor’s,  it  was  then  cer- 
tain that  he  possessed  that  vein  to  himself,  and  that  his  neighbor, 
who  had  not  troubled  himself  to  open,  it,  did  not  possess  it  at  all, 
although  the  Geological  evidence  was  as  strong  as  could  be  that  the 
vein  went  through  his  neighbor’s  estate  and  beyond  it. 

It  is  true  that  these  prejudices  are  not  so  strong  as  they  formerly 
were,  and  every  new  developement  has  a tendency  to  weaken  them, 
and  to  prove  the  great  regularity  of  the  coal  strata  through  the  Wy- 
oming coal  field.  As  development  after  development  is  made  in 
the  river  and  first  and  second  tiers  of  lots,  each  tending  in  some 
measure  to  give  value  to  the  third  tier,  the  eyes  of  the  more  intelli- 
gent miners  and  operators  in  that  coal  region,  are  being  favorably 
turned  to  the  third  tier,  and  many  of  them,  even  now,  without  fur- 
ther developments  in  that  tier,  are  coming  out  boldly  and  asserting 
that  the  third  tier  of  lots  are  really  valuable  coal  lands,  and  the 
owners  of  these  lands  are  waking  up  to  their  value. 

The  fourteen  feet  vein  of  coal  in  the  vicinity  of  Pittston  makes 
several  angles  or  abrupt  curves,  dipping  and  rising  alternately  several 
times  in  the  river  and  first  tier,  and  a short  time  since  a develop- 
ment wras  made  at  Mr.  Benedict’s  mine,  near  the  division  line 
between  the  second  and  third  tier  of  lots,  completely  upsetting'  the 
theory  that  heretofore  existed,  that  the  fourteen  feet  vein  of  coal  was 
confined  to  the  neighborhood  of  Pittston,  and  did  not  exist  in  the 
second  tier.  The  discovery  was  the  proving,  by  Mr.  Benedict’s  oper- 
ations, that  the  fourteen  feet  vein  of  coal  folded  over  and  dipped 


underneath  the  tract  in  the  second  tier,  back  or  south  of  his  mine. 
In  consequence  of  this  discovery,  Mr.  Benedict  purchased  the  tract 
in  the  second  tier  at  about  100  dollars  per  acre. 

The  fourteen  feet  vein  of  coal  forms  a basin  underneath  the  second 
tier,  and  rises,  making  an  outcrop  on  the  side  of  the  mountain  in 
the  third  tier.  It  will  require  a deep  shaft  to  work  the  fourteen  feet 
vein  of  coal  in  the  second  tier.  A bore  hole  was  put  down  by  Col. 
Wright  and  Company,  in  the  tract  next  west  of  Mr.  Benedict’s  pur- 
chase, to  a depth  of  about  160  feet,  which  did  not  reach  the  four- 
teen feet  vein,  and  from  the  measures  in  which  the  bore  was  discon- 
tinued, it  is  presumed  that  the  bore  hole  must  be  continued  much 
deeper  before  it  would  reach  the  fourteen  feet  vein  of  coal,  conse- 
quently this  vein  cannot  be  mined  in  the  second  tier  without  the 
construction  of  expensive  pumps  to  draw  the  coal  to  the  surface, 
while  the  same  vein  in  the  third  tier  will  be  above  water  level,  and 
the  coal  could  be  mined  with  great  facility,  and  without  the  addi- 
tional cost  of  pumping  the  water,  or  winding  the  coal  to  the  surface. 

The  advantages  of  the  third  tier  of  lots  in  Pittston  Township,  as 
regards  the  facilities  for  mining  the  coal,  are  unequalled  in  that  sec- 
tion. Tfyey  command  the  lower  series  of  veins  of  the  Anthracite 
formation  of  Wyoming  Valley,  and  these  crop  out  on  the  side  of  the 
mountain,  and  consequently  these  lots  command  an  abundunce  of 
coal  above  water  level,  and  that  of  the  purest  and  best  quality. 
These  coal  veins  may  be  opened  and  worked  from  the  gaps  of  Mill 
Creek,  without  incurring  the  enormous  expense  of  driving  tunnels 
across  the  strata,  through  rock,  or  sinking  of  shafts,  or  slopes,  to 
obtain  workable  breasts.  The  veins  of  coal  may  be  entered  at  once 
from  the  gaps,  and  by  continuing  in  the  vein  a water  level  roadway, 
great  breasts  of  coal  would  be  gained  which  could  be  mined  and 
delivered  on  the  surface  at  very  cheap  rates. 

The  distance  from  the  proposed  sites  for  mining  operations  in  that 
portion  of  the  third  tier  of  lots  to  which  this  report  refers,  to  the 
place  selected  for  the  shipment  of  the  coal,  is  not  more  than  two 
miles — an  easy  down-hill  grade.  Taking  into  consideration  this 
fact,  together  with  the  superior  situation  of  the  coal  veins  for  mining 
above  water  level,  the  third  tier  of  lots  are  actually  far  more  valua- 


40 


ble  than  those  of  the  second  tier,  or  even  those  of  the  first,  or  the 
front  tier,  which  are  close  upon  the  banks  of  the  Canal,  because  in 
the  first  place,  the  veins  underlaying  the  fourteen  feet  vein  of  coal, 
and  even  in  many  places  on  the  River  lots,  are  all  below  water  level, 
and  the  twenty-eight  feet  vein  of  coal,  so  celebrated  for  its  purity,  is 
at  great  depth  below  the  'surface,  at  the  River ; even  the  fourteen 
feet  vein,  in  most  places  where  it  is  worked  in  the  River  lots,  is  ap- 
proached either  by  a tunnel,  slope,  or  shaft,  constructed  at  great 
cost. 

In  the  river  and  first  tier  of  lots,  the  coal  veins  are  much  contorted, 
and  as  I before  stated,  make  several  abrupt  axis  and  narrow  basins, 
and  where  these  contortions  exist,  the  facilities  for  mining  are  retarded, 
and  the  coal  strata  is  much  more  liable  to  fault  than  it  is  where  the 
axis  are  farther  from  each  other. 

In  the  mountain  range  of  coal  strata  of  the  third  tier  of  lots  to 
which  this  Report  refers,  these  contortions  do  not  exist,  for  the  coal 
veins  after  basining  under  the  second  tier,  crop  out  on  the  side  of 
the  mountain  in  the  third  tier ; and  these  crops  are  well  delineated 
on  the  surface,  in  a regular  unbroken  line  from  Mill  Stream  Gap  to 
Miller’s  Stream. 

In  the  river  and  first  and'  second  tiers  of  lots  are  impediments  to 
mining  operations,  in  the  shape  of  sand  banks  and  gravel  mounds, 
caused  by  the  change  of  the  course  of  the  waters  of  the  Susque- 
hanna and  its  tributaries,  making  their  way  through  the  valley  for 
ages  past.  These  do  not  exist  in  the  third  tier  of  lots  in  Pittston 
Township. 

Another  advantage  which  the  third  tier  of  lots  has  over  the  river 
and  first  tiers,  is  its  growth  of  timber,  which  for  mining  purposes  is 
abundant  in  that  tier.  Time  must  come,  and  that  before  long,  when 
timber  land  in  the  valley  of  the  Wyoming,  contiguous  to  the  mines, 
will  be  worth  more  than  coal  land  is  worth  at  the  present  time. 

The  lots  in  the  third  tier  in  Pittston  Township,  it  must  be  borne 
in  mind,  are  admirably  situated  for  market.  The  river  lots  cer- 
tainly, at  the  present  time,  have  the  advantage  of  being  close  to  the 
line  of  the  Pennsylvania  canal,  so  far  as  regards  the  contiguity  of 
the  mines  to  navigation  for  shipment  of  the  coal  when  raised.  The 


41 


advantage  thus  gained  is  about  the  distance  of  two  miles  of  railroad 
of  an  easy  down-hill  grade.  But  as  regards  the  future  improve- 
ments, such  as  those  now  under  contemplation,  to  connect  New 
York  market  with  the  Wyoming  coal  region  by  a continuous  line  of 
railway  through  the  State  of  New  Jersey,  thereby  opening  out  the 
great  and  invaluable  primitive  iron  ore  region  of  that  State,  and 
connecting  it  with  the  Anthracite  coal  field  of  Wyoming,  the  third 
tier  of  lots  in  Pittston  Township  will  have  every  advantage  over  the 
river  tier,  and  first  and  second  tiers. 

The  amount  of  coal  in  the  twenty -eight  feet  vein  alone,  being  as 
it  is  the  bottom  vein  of  the  coal  formation  of  Wyoming,  and  conse- 
quently the  general  range  of  its  ontcrop  is  near  the  summit  of  the 
mountain  which  bounds  the  coal  formation,  ranging  along  the  third 
tier  of  lots,  is  very  great  in  quantity  within  the  boundary  of  these 
lots.  Millions  of  tons  of  the  finest  description  of  coal  are  com- 
manded by  these  lots  above  water  level. 

Several  other  workable  veins  overlie  the  twenty-eight  feet  vein, 
between  it  and  the  fourteen  feet  vein,  all  of  which,  the  third  tier  of 
lots  herein  referred  to,  command  to  a great  extent. 

No  reason  can  be  shown  why  the  third  tier  of  lots  in  Pittston 
Township  are  not  of  more  value,  and  will  not  yield  a greater  profit 
per  ton  upon  the  coal  mined,  than  the  river  lots  or  the  first  tier.  For 
my  own  part,  I consider  that  portion  of  the  third  tier  of  lots  in 
Pittston  Township,  referred  to  in  this  Report,  taking  into  considera- 
tion all  the  circumstances  herein  named,  as  regards  their  situation  for 
mining,  their  marketable  advantages,  and  the  quantity  and  quality 
of  the  coal  therein  contained,  of  equal  value  to  any  body  of  land  of 
the  same  area  in  the  Wyoming  Valley. 

Lots  have  sold  on  the  river  tier  for  $2p0  to  $300  per  acre  ; in  the 
first  tier,  $150  to  $200  ; in  the  second,  $100  to  $200 ; and  in  the 
third  tier  they  are  valued  at  only  about  $60  per  acre. 

All  of  which  is  respectfully  submitted  by 
Yours,  very  truly, 

W.  F.  ROBERTS, 

Practical  Geologist  and  Engineer  of  Mines . 


42 


The  foregoing  Report  was  published , and  produced  the  following 
notice : — 

New  York,  Ogt.  19th,  1850. 

Sir  : — You  are  respectfully  invited  to  attend  a meeting  to  be  held 
at  the  office  of  Messrs.  Dumont  & Hosack,  No.  11  Wall  street,  on 
The  2 2d  inst.,  at  2 o’clock  P.M.,  to  take  into  consideration  a connec- 
tion, by  Railroad,  of  the  Coal  Fields  of  Lackawanna  Valley  with 
this  city,  being  in  the  direct  line  from  this  city  to  Elmira,  in  this 
State,  via  Morris  & Essex  Railroad,  N.  J.,  with  a saving  in  distance 
of  eighty  miles. 

It  is  believed  that  Coal,  by  this  route,  can  be  delivered  in  this  city 
at  $3.50  per  ton.  It  is  particularly  adapted  for  Steamers. 

Respectfully  yours, 

NATH’L  P.  HOSACK, 

WM.  COXE  DUSENBERY, 

J.  P.  BASSINGER, 

Engineer  of  Morris  & Essex  Railroad , A7*.  J. 

The  meeting  was  attended  by  some  of  our  well-known  citizens, 
and  the  following  proceedings  were  had  thereon : — 

Pursuant  to  notice,  a meeting  was  held  at  the  rooms  of  Messrs.  Du- 
mont & Hosack,  No.  11  Wall  street,  New  York,  on  Tuesday, 
the  22d  day  of  October,  1850,  “ for  the  purpose  of  taking  into 
consideration  a connection,  by  Railroad,  of  the  Coal  Fields  of 
the  Lackawanna  Valley  with  this  city,  via  the  Morris  & Essex 
Railroad,  N.  J.” 

The  meeting  being  called  to  order,  James  Depeyster  Ogden,  Esq., 
was  unanimously  called  to  the  chair,  and  N.  P.  Hosack,  Esq.,  was 
appointed  Secretary. 

The  Chairman  briefly  stated  the  objects  of  the  call  for  this  meet- 
ing, with  the  additional  remark,  that  he  considered  the  time  propi- 
tious for  this  important  undertaking,  with  the  request,  if  there 
was  any  gentleman  present 4who  could  explain  fully  the  advantages 
of  this  improvement,  that  he  would  do  so. 

Mr.  Dusenbery  then  stated,  that  he  had  been  acquainted  with 
this  project  for  the  past  twelve  years  : that  he  considered  it  the  most 
important  improvement  leading  to  New  York : that  untoward  cir- 
cumstances had  kept  it  back,  but  now  that  the  Morris  & Essex  Rail- 
road had  determined  to  extend  their  road  to  the  Delaware  Water 


43 


Gap,  the  greatest  difficulty  would  be  removed,  as  the  connection 
with  this  city  would  be  complete.  Twelve  years  since,  the  only 
chance  to  have  made  this  work  available,  was  to  build,  at  great  ex- 
pense, a canal  from  the  Water  Gap,  to  Easton,  Pa.,  a distance  of 
some  thirty-five  miles,  and  then  no  nearer  to  New  York ; but  now, 
by  the  Morris  & Essex  Railroad,  they  could  avail  themselves  of  it, 
and  also  of  the  Morris  Canal,  at  Hackettstown,  where  the  road 
crossed  the  same,  and  have  the  advantage  of  both  these  improve- 
ments. Again,  the  Central  Railroad,  of  New  Jersey,  is  rapidly  urg- 
ing forward  that  road  to  Phillipsburg,  opposite  Easton,  and  which 
work  will  soon  be  completed,  and  will  there  connect  with  our  road 
at  the  Gap,  via  the  Trenton  & Belvidere  Railroad,  which  is  now  in 
progress,  and  nearly  completed  to  Lambertsville,  fourteen  miles  above 
Trenton.  These  four  improvements  would  require  at  least  five  hun- 
dred thousand  tons  of  coal,  which  would  be  an  important  item  for 
this  road ; and  when  it  is  taken  into  consideration  that  this  forty-two 
miles  of  railroad  add  another  link  towards  the  completion  of  the  air 
line  from  New  York  to  Elmira,  we  must  be  convinced  of  its  increased 
importance.  Cast  your  eye  over  the  map  of  New  Jersey  and  Penn- 
sylvania, and  this  will  be  at  once  perceived  ; and  when  we  calculate 
the  distance  of  each  road  forming  this  line,  we  find  a saving  of  over 
eighty  miles  in  our  favor,  as  follows  : First,  the  Morris  & Essex  Rail- 
road, from  Jersey  City  to  the  Water  Gap,  is  about  ninety  miles,  then 
the  length  of  our  road  is  forty-five  miles,  that  of  the  Susquehanna 
Road,  from  the  mouth  of  the  Lackawanna  to  Elmira,  is  sixty-five 
miles,  making  a total  of  two  hundred  miles;  while  between  the 
same  places,  via  the  New  York  & Erie  Railroad,  the  distance  is  put 
down  at  two  hundred  and  eighty-three  miles. 

Thus  much  for  its  importance.  Now  one  word  for  its  revenue. 
The  coal  in  the  Lackawanna  Valley  is  now  acknowledged,  on  all: 
hands,  to  be  the  purest  and  best  fuel  of  its  kind  brought  to  this  mar- 
ket. A large  portion  of  the  land  in  this  valley  is  owned  by  the 
Delaware  & Hudson  Canal  Company,  and  others,  who  are  interested 
with  them.  From  good  authority  we  learn  that  this  Company  have 
expended  upon  their  works,  and  for  purchases  of  lands,  upwards  of 
eight  millions  of  dollars.  This  certainly  shows  their  confidence  in 
the  results  from  coal  alone.  Being  owners  of  all  the  outlets  for  con- 
veying coal  from  thence  to  New  York,  (excepting  the  expensive  road 


44 


to  Whitehaven,  26  miles,  where  it  connects  with  the  Lehigh  Canal, 
distant  from  New  York  over  two  hundred  miles,)  but  a small  oppor- 
tunity is  afforded  for  other  companies  and  individuals  to  compete 
with  them ; and  the  result  is,  that  all  the  others  seek  a market  at 
the  mouth  of  the  Susquehanna  river,  which  route  is  too  long  and 
expensive  to  afford  any  profit  on  the  coal.  The  formation  of  our 
road  would  give  other  companies  and  individuals  just  the  oppor- 
tunity they  are  desirous  of  obtaining ; and  there  is  no  doubt  that 
they  will  generously  interest  themselves  in  carrying  out  our  plans. 

Independent  of  the  coal,  the  contemplated  road  passes  through 
one  of  the  finest  timber  regions  within  the  same  distance  from  New 
York.  The  forests  there  contain  the  best  of  ship  and  building  tim- 
ber ; ship  spars  of  extra  length,  of  the  finest  spruce  pine ; rare 
woods,  such  as  birds-eye  maple,  black  walnut,  wild  cherry,  &c.,  &c. 
The  cost  of  the  superstructure  would  be  considerably  lessened  by 
this  fact,  and  it  is  worthy  of  consideration. 

In  conclusion,  the  Legget’s  Gap  Road  is  now  building,  and  will  be 
completed  within  the  next  year.  This  road  would  run  from  Harri- 
son, where  the  great  Lackawanna  Iron  Works  are  located,  to  the 
great  bend  on  the  Susquehanna  river,  and  by  building  our  road, 
would  connect  with  the  New  York  & Erie  Railroad  at  that  place. 
These  are  the  most  prominent  points  touching  this  undertaking. 

Mr.  Dusenbery  concluded  by  offering  the  following  resolution : — 
“ Resolved,  That  a Committee  of  twelve  be  appointed  by  the  chair, 
to  prepare  and  present  to  our  capitalists,  and  others,  such  statements 
respecting  this  enterprise,  as  may  induce  them  to  become  interested 
with  us.” 

Whereupon  the  following  gentlemen  were  appointed  such  com- 
mittee : — Hon.  William  Wright,  Beach  Vanderpool,  and  John  P. 
Jackson,  Esqs.,  of  Newark,  N.  J. ; Hon.  D.  S.  Gregory,  of  Jersey 
City ; Robert  Schuyler,  Amos  R.  Eno,  Nathaniel  P.  Hosack,  John 
A.  C.  Gray,  William  B.  Draper,  and  William  Coxe  Dusenbery,  of 
New  York  ; to  which,  on  motion,  were  added  James  DePeyster  Og- 
den and  Doct.  J.  Kearney  Rogers,  also  of  New  York. 

On  motion,  this  Committee  were  empowered  to  fill  vacancies  and 
to  add  to  their  number,  and  to  call  the  next  meeting. 

Whereupon  this  meeting  adjourned. 

[Attest^  N.  P.  Hosack,  Secretary. 


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